Rep. Lakesia Collins
Filed: 3/21/2023
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1 | AMENDMENT TO HOUSE BILL 2324
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2 | AMENDMENT NO. ______. Amend House Bill 2324 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 5-2 as follows:
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6 | (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
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7 | Sec. 5-2. When
accountability exists. | ||||||
8 | (a) A person is legally accountable for the conduct of | ||||||
9 | another when:
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10 | (1) (a) having a mental state described by the statute | ||||||
11 | defining the offense,
he or she causes another to perform | ||||||
12 | the conduct, and the other person in fact or
by reason of | ||||||
13 | legal incapacity lacks such a mental state;
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14 | (2) (b) the statute defining the offense makes him or | ||||||
15 | her so accountable; or
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16 | (3) (c) either before or during the commission of an |
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1 | offense, and with the
intent to promote or facilitate that | ||||||
2 | commission, he or she solicits, aids, abets,
agrees, or | ||||||
3 | attempts to aid that other person in the planning or | ||||||
4 | commission
of the offense. | ||||||
5 | (b) When 2 or more persons engage in a common criminal | ||||||
6 | design or agreement, any acts in the furtherance of that | ||||||
7 | common design committed by one party are considered to be the | ||||||
8 | acts of all parties to the common design or agreement and all | ||||||
9 | are equally responsible for the consequences of those further | ||||||
10 | acts. Mere presence at the scene of a crime does not render a | ||||||
11 | person accountable for an offense; a person's presence at the | ||||||
12 | scene of a crime, however, may be considered with other | ||||||
13 | circumstances by the trier of fact when determining | ||||||
14 | accountability. | ||||||
15 | (c) A person is not so accountable, however, unless the | ||||||
16 | statute
defining the offense provides otherwise, if:
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17 | (1) he or she is a victim of the offense committed;
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18 | (2) the offense is so defined that his or her conduct | ||||||
19 | was inevitably
incident to its commission; or
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20 | (3) before the commission of the offense, he or she | ||||||
21 | terminates his or her effort to
promote or facilitate that | ||||||
22 | commission and does one of the following: (i)
wholly | ||||||
23 | deprives his or her prior efforts of effectiveness in that | ||||||
24 | commission, (ii)
gives timely warning to the proper law | ||||||
25 | enforcement authorities, or (iii)
otherwise makes proper | ||||||
26 | effort to prevent the commission of the offense.
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1 | (d) A person found legally accountable for the conduct of | ||||||
2 | another under paragraph (3) of subsection (a) and convicted of | ||||||
3 | an offense based on a determination that the person is | ||||||
4 | responsible for conduct which is an element of that offense | ||||||
5 | and such conduct was not that of the person himself, shall be | ||||||
6 | sentenced under Section 5-4.5-120 of the Unified Code of | ||||||
7 | Corrections. | ||||||
8 | (Source: P.A. 96-710, eff. 1-1-10.)
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9 | Section 10. The Unified Code of Corrections is amended by | ||||||
10 | adding Section 5-4.5-120 as follows: | ||||||
11 | (730 ILCS 5/5-4.5-120 new) | ||||||
12 | Sec. 5-4.5-120. Sentencing of individuals accountable for | ||||||
13 | the conduct of another. A person convicted under an | ||||||
14 | accountability theory as set forth in subsection (d) of | ||||||
15 | Section 5-2 of the Criminal Code of 2012 shall be sentenced | ||||||
16 | under this Section. No separate sentence shall be imposed for | ||||||
17 | the offense in which the conduct of another person satisfied | ||||||
18 | an element of the offense for which the individual has been | ||||||
19 | found guilty. | ||||||
20 | (1) A person accountable for the conduct of another | ||||||
21 | under subsection (d) of Section 5-2 of the Criminal Code | ||||||
22 | of 2012 who is convicted of first degree murder, shall be | ||||||
23 | sentenced to imprisonment for a determinate term, subject | ||||||
24 | to Section 5-4.5-115, of no more than 30 years. The |
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1 | sentence of imprisonment for an extended term for first | ||||||
2 | degree murder for a person accountable for the conduct of | ||||||
3 | another under subsection (d) of Section 5-2 of the | ||||||
4 | Criminal Code of 2012 shall be as provided in Section | ||||||
5 | 5-8-2, subject to Section 5-4.5-115, and shall be no more | ||||||
6 | than 50 years. Except as provided in Section 3-3-8, the | ||||||
7 | parole or mandatory supervised release term shall be 2 | ||||||
8 | years upon release from imprisonment. | ||||||
9 | (2) A person accountable for the conduct of another | ||||||
10 | under subsection (d) of Section 5-2 of the Criminal Code | ||||||
11 | of 2012 who is convicted of a Class X felony shall be | ||||||
12 | sentenced to imprisonment for a determinate term, subject | ||||||
13 | to Section 5-4.5-115, of no more than 15 years. The | ||||||
14 | sentence of imprisonment for an extended term for a Class | ||||||
15 | X felony for a person accountable for the conduct of | ||||||
16 | another under subsection (d) of Section 5-2 of the | ||||||
17 | Criminal Code of 2012 shall be as provided in Section | ||||||
18 | 5-8-2, subject to Section 5-4.5-115, and shall be no more | ||||||
19 | than 30 years. Except as provided in Section 3-3-8 or | ||||||
20 | 5-8-1, the parole or mandatory supervised release term | ||||||
21 | shall be 2 years upon release from imprisonment. | ||||||
22 | (3) A person accountable for the conduct of another | ||||||
23 | under subsection (d) of Section 5-2 of the Criminal Code | ||||||
24 | of 2012 who is convicted of a Class 1 felony, other than | ||||||
25 | for second degree murder, shall be sentenced for a | ||||||
26 | determinate term, subject to Section 5-4.5-115, of no more |
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1 | than 7 years. The sentence of imprisonment for a person | ||||||
2 | accountable for the conduct of another under subsection | ||||||
3 | (d) of Section 5-2 of the Criminal Code of 2012 who is | ||||||
4 | convicted of second degree murder, shall be a determinate | ||||||
5 | term of no more than 10 years, subject to Section | ||||||
6 | 5-4.5-115. The sentence of imprisonment for an extended | ||||||
7 | term for a Class 1 felony for a person accountable for the | ||||||
8 | conduct of another under subsection (d) of Section 5-2 of | ||||||
9 | the Criminal Code of 2012 shall be as provided in Section | ||||||
10 | 5-8-2, subject to Section 5-4.5-115, and shall be no more | ||||||
11 | than 15 years. Except as provided in Section 3-3-8 or | ||||||
12 | 5-8-1, the parole or mandatory supervised release term | ||||||
13 | shall be one year upon release from imprisonment. | ||||||
14 | (4) A person accountable for the conduct of another | ||||||
15 | under subsection (d) of Section 5-2 of the Criminal Code | ||||||
16 | of 2012 who is convicted of a Class 2 felony shall be | ||||||
17 | sentenced to a determinate term of no more than 3 years. | ||||||
18 | The sentence of imprisonment for an extended term for a | ||||||
19 | Class 2 felony for a person accountable for the conduct of | ||||||
20 | another under subsection (d) of Section 5-2 of the | ||||||
21 | Criminal Code of 2012 shall be as provided in Section | ||||||
22 | 5-8-2, and shall be no more than 7 years. Except as | ||||||
23 | provided in Section 3-3-8 or 5-8-1, the parole or | ||||||
24 | mandatory supervised release term shall be one year upon | ||||||
25 | release from imprisonment. | ||||||
26 | (5) A person accountable for the conduct of another |
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1 | under subsection (d) of Section 5-2 of the Criminal Code | ||||||
2 | of 2012 who is convicted of a Class 3 felony shall be | ||||||
3 | sentenced to a determinate term of no more than 2 years. | ||||||
4 | The sentence of imprisonment for an extended term for a | ||||||
5 | Class 3 felony for a person accountable for the conduct of | ||||||
6 | another under subsection (d) of Section 5-2 of the | ||||||
7 | Criminal Code of 2012 shall be as provided in Section | ||||||
8 | 5-8-2 and shall be no more than 5 years. Except as provided | ||||||
9 | in Section 3-3-8 or 5-8-1, the parole or mandatory | ||||||
10 | supervised release term shall be 6 months upon release | ||||||
11 | from imprisonment. | ||||||
12 | (6) The sentence for a person accountable for the | ||||||
13 | conduct of another under this Act convicted of a felony | ||||||
14 | other than those specified in paragraphs (1), (2), (3), | ||||||
15 | (4), and (5) is the sentence for a Class A misdemeanor. A | ||||||
16 | misdemeanant may be fined or imprisoned or both. | ||||||
17 | (7) Except as otherwise provided in Section 5-5-3 or | ||||||
18 | 5-7-1, a term of periodic imprisonment shall not be | ||||||
19 | imposed for a person accountable for the conduct of | ||||||
20 | another under subsection (d) of Section 5-2 of the | ||||||
21 | Criminal Code of 2012 who is convicted of first degree | ||||||
22 | murder; a sentence of periodic imprisonment shall be for a | ||||||
23 | definite term of 3 to 4 years for a Class X felony; a | ||||||
24 | sentence of periodic imprisonment shall be for a definite | ||||||
25 | term of 18 to 30 months for a Class 1 felony; a sentence of | ||||||
26 | periodic imprisonment shall be for a definite term of up |
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1 | to 18 months for a Class 2 felony; a sentence of periodic | ||||||
2 | imprisonment shall be for a definite term of up to 12 | ||||||
3 | months for a Class 3 felony; and a sentence of periodic | ||||||
4 | imprisonment shall be for a definite term of up to 9 months | ||||||
5 | for any other felony not otherwise specified in this | ||||||
6 | Section. | ||||||
7 | (8) The impact incarceration program or the county | ||||||
8 | impact incarceration program is not an authorized | ||||||
9 | disposition for a person accountable for the conduct of | ||||||
10 | another under subsection (d) of Section 5-2 of the | ||||||
11 | Criminal Code of 2012 who is convicted of first degree | ||||||
12 | murder. Sections 5-8-1.1 and 5-8-1.2 apply to eligibility | ||||||
13 | for the impact incarceration program or the county impact | ||||||
14 | incarceration program for all other felony classes under | ||||||
15 | this Section. | ||||||
16 | (9) A period of probation or conditional discharge | ||||||
17 | shall not be imposed for a person accountable for the | ||||||
18 | conduct of another under subsection (d) of Section 5-2 of | ||||||
19 | the Criminal Code of 2012 who is convicted of first degree | ||||||
20 | murder. Except as provided in Section 5-5-3 or 5-6-2, the | ||||||
21 | period of probation or conditional discharge shall not | ||||||
22 | exceed: | ||||||
23 | (A) 4 years for a person accountable for the | ||||||
24 | conduct of another under subsection (d) of Section 5-2 | ||||||
25 | of the Criminal Code of 2012 who is convicted of a | ||||||
26 | Class X felony. In no case shall an offender be |
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1 | eligible for a disposition of probation or conditional | ||||||
2 | discharge for a Class X felony committed while he or | ||||||
3 | she was serving a term of probation or conditional | ||||||
4 | discharge for a felony; | ||||||
5 | (B) 3 years for a person accountable for the | ||||||
6 | conduct of another under subsection (d) of Section 5-2 | ||||||
7 | of the Criminal Code of 2012 who is convicted of a | ||||||
8 | Class 1 felony under this Section; | ||||||
9 | (C) 30 months for a person accountable for the | ||||||
10 | conduct of another under subsection (d) of Section 5-2 | ||||||
11 | of the Criminal Code of 2012 who is convicted of a | ||||||
12 | Class 2 felony under this Section; | ||||||
13 | (D) 24 months for a person accountable for the | ||||||
14 | conduct of another subsection (d) of Section 5-2 of | ||||||
15 | the Criminal Code of 2012 who is convicted of a Class 3 | ||||||
16 | felony under this Section; and | ||||||
17 | (E) 18 months for a person accountable for the | ||||||
18 | conduct of another under subsection (d) of Section 5-2 | ||||||
19 | of the Criminal Code of 2012 who is convicted of a | ||||||
20 | felony other than those specified in paragraph (9). | ||||||
21 | (F) The court shall specify the conditions of | ||||||
22 | probation or conditional discharge as set forth in | ||||||
23 | Section 5-6-3. | ||||||
24 | (10) Fines may be imposed as provided in Section | ||||||
25 | 5-4.5-50. | ||||||
26 | (11) Restitution for individuals accountable for the |
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1 | conduct of another may be imposed as provided in Section | ||||||
2 | 5-5-6. | ||||||
3 | (12) The sentence shall be concurrent or consecutive | ||||||
4 | as provided in Sections 5-8-4 and 5-4.5-50. | ||||||
5 | (13) Section 20 of the Drug Court Treatment Act | ||||||
6 | applies to eligibility for a drug court program by a | ||||||
7 | person accountable for the conduct of another subsection | ||||||
8 | (d) of Section 5-2 of the Criminal Code of 2012. | ||||||
9 | (14) Section 5-4.5-100 applies to credit for time | ||||||
10 | spent in home detention prior to judgment of conviction | ||||||
11 | for a person accountable for the conduct of another under | ||||||
12 | subsection (d) of Section 5-2 of the Criminal Code of | ||||||
13 | 2012. | ||||||
14 | (15) Section 3-6-3 or the County Jail Good Behavior | ||||||
15 | Allowance Act applies to rules and regulations for | ||||||
16 | sentence credit of a person accountable for the conduct of | ||||||
17 | another under subsection (d) of Section 5-2 of the | ||||||
18 | Criminal Code of 2012. | ||||||
19 | (16) Section 5-8A-3 applies to the eligibility of a | ||||||
20 | person accountable for the conduct of another under | ||||||
21 | subsection (d) of Section 5-2 of the Criminal Code of 2012 | ||||||
22 | for electronic monitoring and home detention. ".
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